Fairfax · Slip and Fall Guide
Virginia is one of five US jurisdictions where being one percent at fault ends your claim outright, which makes a slip and fall here harder to win than almost anywhere else in the country. We compared three slip and fall lawyers in Fairfax on Virginia State Bar records for the named attorney, the fall outcomes each one actually publishes, office footing in Fairfax County, fee terms and verified Google reviews, and set out who each suits and where each falls short.
DJA Editorial · Legal Directory Research
Checked against state bar licensee records, court sources and public review platforms · Last updated September 2026
The short answer
Three firms, each leading for a different kind of Fairfax fall. This is a shortlist rather than a ranking, and the firm in the top slot is not the one with the deepest published record of fall cases.
1
MacDowell Law Group, PCFeatured
Best for a fall in a store, mall or parking lot inside the City of Fairfax
2
Weiner, Spivey & Miller, PLC
Best for a fall the property owner is going to blame on you
3
Hilton & Somer, LLC
Best for a fall at work or one that crosses into Maryland or DC
At a glance: Slip And Fall Lawyers in Fairfax, compared
| Firm |
Best for |
Focus |
Bar record |
Fees |
Rating |
| MacDowell Law Group, PC |
Best for a fall in a store, mall or parking lot inside the City of Fairfax |
Store, mall, sidewalk and parking lot falls |
Richard MacDowell, Virginia 1981 |
Contingency, free consultation, percentage not published |
4.5 · 37 Google |
| Weiner, Spivey & Miller, PLC |
Best for a fall the property owner is going to blame on you |
Contested premises liability and trial work |
Edward Weiner, Virginia 1980, past president of the Virginia State Bar |
Contingency, free consultation, percentage not published |
4.7 · 30 Google |
| Hilton & Somer, LLC |
Best for a fall at work or one that crosses into Maryland or DC |
Workplace falls and multi state claims |
Robert Somer, licensed in Virginia, Maryland, DC and Georgia |
Contingency, no attorney fees unless successful |
4.7 · 88 Google |
Slip And Fall in Fairfax: the local picture
1%
The rule that decides whether you have a case
Virginia bars recovery entirely if you were even slightly at fault for your own fall. If the hazard was visible to someone paying attention, that alone can end the claim. Two years to file suit, and only six months to give written notice if you fell on city or county property.
33% to 40%
What representation costs here
Virginia does not cap contingency fees. The common structure is a third of the recovery if the case settles before suit and about 40 percent once one is filed, with case costs deducted separately. None of the three firms below publishes its percentage, so ask for both numbers in writing.
$64
What it costs to bring the claim yourself
Fairfax County General District Court hears injury claims up to $50,000: a $52 filing fee plus $12 to serve each defendant, no jury, a fast docket. Judges waive the fee for low income filers on form CC-1414. Legal aid in Northern Virginia does not take injury cases.
What clients in Fairfax say: Read the visible Google reviews across these three and one thing stands out: almost none of them describe a slip and fall. They describe car crashes, a tractor trailer case, a DWI, an insurance dispute. Reviewers name the person who handled the file more often than the firm, and at two of the three that person is an associate or a case manager with no bio on the website. What reviewers praise is being called back. What nobody in these reviews describes is a contested premises case that went to a Fairfax jury. Ask about that directly.
How we chose these Slip And Fall Lawyers in Fairfax
We looked at firms handling slip and fall and premises liability claims for people injured in Fairfax City and Fairfax County, then compared them on things you can check yourself: the licence record of the named attorney, the fall outcomes each firm publishes and whether it names the lawyer who handled them, the sub practices each site actually lists rather than the ones it advertises, where the office sits in relation to the Fairfax County Courthouse, published fee terms, and the visible client reviews on each firm’s Google listing.
The three are a shortlist, not a ranking, and each leads for a different situation. Firm details come from each firm’s own site, cross checked against Google Business Profile listings, Virginia State Bar publications and public attorney directories, and against Virginia statutes and Fairfax County court sources read directly. Bar numbers and discipline records we could not confirm during this update are flagged on the page rather than filled in. No settlement or verdict figure appears here unless the firm publishes it itself, in which case it is labelled as the firm’s own figure and cannot be checked independently.
1. MacDowell Law Group, PCFeatured
Best for a fall in a store, mall or parking lot inside the City of Fairfax
★★★★½ 4.5 / 5 · Google · 37 reviews
The pick if you went down in a store, a mall or a parking lot inside the City of Fairfax. Richard MacDowell prosecuted for the Fairfax County Commonwealth’s Attorney from 1982 to 1986 and has litigated in the same courthouse since, which counts in a state where these cases turn on whether a jury believes you were watching where you walked. Of the three, the Fairfax slip and fall lawyers here break premises work down furthest, with separate pages for grocery store, shopping center, sidewalk and parking lot falls.
Identity and footprint
Office10500 Sager Ave Suite F, Fairfax, VA 22030
Location noteInside the City of Fairfax, roughly a mile and a half from the Fairfax County Courthouse on Chain Bridge Road
Phone(703) 277-2811, advertised as answered 24 hours a day
FounderRichard F. MacDowell Jr.
Named attorneysRichard F. MacDowell Jr. and Bhavik D. Patel, the only two lawyers with bios on the site
Service areaNorthern Virginia and suburban Maryland, with page coverage from Arlington and Loudoun to Montgomery and Prince George’s counties
Practice and scope
Fall pagesSlip and fall plus separate pages for grocery store, shopping center, sidewalk and parking lot accidents
Wider premises workPremises liability parent page with negligent security, recreational accidents and swimming pool accidents
Settings namedGrocery and retail, malls, restaurants, office buildings, hotels, apartment complexes, staircases, playgrounds, parking lots and sidewalks
Rest of the practiceMotor vehicle, truck, catastrophic injury, construction, product liability, workplace accidents, wrongful death, plus business representation, criminal defense and divorce
Not injury onlyMacDowell’s own listed practice areas are personal injury, motor vehicle, business, criminal and traffic, and divorce and family law
Published resultsThe firm’s own figures list a $1.0M and a $950K car accident settlement, $600K on a commercial loan, $550K for a domestic abuse injury and $350K on a pedestrian and bicycle case. No slip and fall figure is published.
Site noteThe Slip and Fall parent item in the firm’s own navigation points at its workplace accidents page rather than its slip and fall page
Credentials and licensing
Bar admissionsVirginia 1981, Maryland 2018, and the Supreme Court of Virginia 1981
Federal courtsEastern District of Virginia 1981, Western District of Virginia 2016, and the Fourth Circuit Court of Appeals 1981
Former prosecutorAssistant Commonwealth’s Attorney for Fairfax County, 1982 to 1986
EducationAmerican University Washington College of Law, J.D. 1981, after a cum laude B.A. from Washington and Lee in 1976
Directory conflictAn unclaimed third party profile lists a different law school and an old University Drive address for him. The firm’s own bio is the better record.
Appellate recordSucceeded on appeal in Ross v. Ross before the Virginia Court of Appeals, a spousal support case, which is a public docket you can look up
Second attorneyBhavik D. Patel, University of Virginia School of Law, admitted in Virginia, American Bar Association member
Bar associationsFairfax County Bar Association and Virginia Bar Association
Fees and consultation
StructureContingency on injury cases, advertised as no fees unless they win
ConsultationFree, advertised as available 24 hours a day
Mixed practice noteThe firm also bills hourly work in family, criminal and business matters, so confirm in writing that your fall is on contingency
What clients say
✓ Kept clients updated
✓ Bhavik Patel named repeatedly
· Reviews skew to DWI and traffic
· No fall case described
· 4.5 across 37 reviews, lowest score of the three
Reviewers describe a small office that answers the phone and explains where the case stands. Several name Bhavik Patel rather than the founder, including on a traffic accident claim. The subject matter is the thing to notice: the visible reviews cover a DWI dismissal, a car accident, an insurance dispute and business work. None of them is a premises case, so the rating tells you how the firm treats clients rather than how it handles falls.
Why they fit Fairfax: The best local footing of the three for a fall inside the City of Fairfax: a Sager Avenue office a short drive from the Fairfax County Courthouse, a former Fairfax County prosecutor as the named partner, and the most granular set of premises pages of any firm on this page. Go in knowing two things. This is a general civil practice that also runs criminal defense, divorce and business matters rather than an injury only firm, and both the published results and the visible reviews are almost entirely traffic, DWI and car accident work. Ask how many premises cases the firm has tried to a Fairfax jury, and which of the two attorneys would carry yours.
2. Weiner, Spivey & Miller, PLC
Best for a fall the property owner is going to blame on you
★★★★½ 4.7 / 5 · Google · 30 reviews
The one to call when the owner or its insurer will argue you should have seen the hazard, because this firm sets out that defence on its own website before you ever call. Founder Edward Weiner served as president of the Virginia State Bar in 2015 and 2016 and as president of the Fairfax Bar Association, and the office sits on Judicial Drive across from the courthouse where a contested Fairfax fall would be tried. These Fairfax personal injury attorneys publish three fall outcomes with the handling lawyer named on each one.
Identity and footprint
Office10605 Judicial Drive Suite B6, Fairfax, VA 22030
Location noteOn Judicial Drive in the Fairfax County government and courthouse complex, the closest of the three to where a filed case is heard
Phone703-273-9500. The site also runs 703-997-5254 as a tracking line in its page titles.
HoursMonday to Friday 8:30am to 5:30pm, closed weekends
Practice and scope
Core workInjury and wrongful death only, with no criminal, family or business practice alongside it
Premises pagesPremises liability parent page with slip and fall and dog bite beneath it
Tells you the bad newsThe firm’s own slip and fall page explains the open and obvious test and states plainly that a partly at fault claimant in Virginia recovers nothing
Published fall outcomesThe firm’s own figures: $205,000 for a woman whose foot went through an unsecured water meter cover, negotiated by Ed Weiner and Lawson Spivey; $90,000 for a black ice fall in an untreated HOA parking lot, by Lawson Spivey; and a confidential settlement for a 73 year old who fell on a wet step with no handrail in breach of building code, by Ed Weiner and Mike Brown
Largest premises figureThe firm’s own figure of $3.2 million for a customer crushed by falling countertops at a big box store
Insurance defence backgroundThe firm states its team includes former insurance defence lawyers
Credentials and licensing
Virginia State Bar presidentEdward Weiner was the 77th president of the Virginia State Bar, 2015 to 2016, sworn in at the annual meeting in June 2015
Bar admissionsVirginia 1980, Eastern District of Virginia 1980, Fourth Circuit 1980, United States Supreme Court 1983
EducationUniversity of Richmond J.D. 1980, Georgetown LL.M. in international law 1993, B.A. from SUNY Binghamton
Bar servicePast president of the Fairfax Bar Association and the Fairfax Law Foundation, former chair of the VSB Conference of Local Bar Associations, and faculty on the Supreme Court of Virginia professionalism course
Public recognition2020 Governor’s Volunteerism and Community Service Award as Outstanding Senior Volunteer, for founding Jazz4Justice, which the state reports has raised over $500,000 for civil legal aid
Fees and consultation
StructureContingency on injury claims (firm site)
ConsultationFree, advertised on every page
PaymentsTakes card payment through LawPay for billed matters
What clients say
✓ Lydia Burnett named repeatedly
✓ Explained each step
✓ Handled the insurer for them
· Reviews are car accident cases
· 30 reviews, smallest base of the three
The reviews are specific about people rather than outcomes. Lydia Lawson Burnett comes up again and again, once alongside Weiner, and reviewers describe being walked through each stage and having the other side’s insurer handled for them. One notes they cannot discuss the result. The base is small at 30, and the visible reviews are auto claims, so read them for how the firm communicates rather than as evidence about falls.
Why they fit Fairfax: The strongest premises record here, and the only firm of the three that publishes fall outcomes with the mechanism described and the handling lawyer named, from an unsecured water meter cover to an untreated parking lot after snow. Weiner’s term as president of the Virginia State Bar is a public record rather than a badge the firm bought. The caveat is access and evidence: those figures are the firm’s own and one of the three is confidential, no fee percentage is published, the Google listing carries only 30 reviews, and the office keeps weekday hours while the other two answer overnight. If you fall on a Friday night you are waiting until Monday to speak to anyone.
3. Hilton & Somer, LLC
Best for a fall at work or one that crosses into Maryland or DC
★★★★½ 4.7 / 5 · Google · 88 reviews
The fit if you fell on the job, or if your fall happened on the Maryland or District of Columbia side of the line. Robert Somer is licensed in Virginia, Maryland, DC and Georgia, and the firm runs workers compensation alongside premises liability, which is the pairing you need when a fall at work produces a comp claim and a separate claim against whoever owned the building. These slip and fall accident attorneys in Fairfax also carry the largest visible review base of the three and answer the phone around the clock on weekdays.
Identity and footprint
Office8303 Arlington Boulevard Suite 102, Fairfax, VA 22031
Location noteOn Arlington Boulevard in the Merrifield end of Fairfax, closer to the Beltway than to the courthouse
Phone(703) 560-0700 on the website. The Google listing shows 703-782-8349, a different number.
HoursOpen 24 hours Monday to Friday, closed weekends
LanguagesEnglish and Spanish, advertised on the slip and fall page itself
Attorneys listedRobert Merbaum Somer. The second bio on the Attorneys page is a memorial for co-founder David L. Hilton, who died in November 2012.
Practice and scope
Premises pagesPremises liability parent page with slip and fall, negligent security and dog attacks beneath it
The workplace pairingWorkers compensation and construction accidents sit in the same practice menu as premises liability, which matters when a fall on the job generates both a comp claim and a claim against the property owner
Settings namedGrocery stores, shopping malls, schools, office buildings, walkways, parking lots and sidewalks
Injury depthSeparate pages for spinal cord, traumatic brain, amputation, paralysis, burn and child injuries, which is where a bad fall ends up
Trial volumeThe firm states Somer has conducted over 300 trials across Virginia, Maryland and DC courts. This is the firm’s own figure and cannot be checked from public records.
Published resultsThe firm’s own figures on its results strip: $900,000 auto, $670,000 wrongful death, $120,000 dog bite and $40,000 slip and fall. The fall figure is the only one on this page labelled as a fall, and it is the smallest number on its own strip.
Credentials and licensing
JurisdictionsRobert Somer is licensed in Virginia, Maryland, the District of Columbia and Georgia
MembershipsVirginia Trial Lawyers Association, American Association for Justice, DC Bar Personal Injury Section, Virginia State Bar
RecognitionRanked by Washingtonian magazine as a top personal injury lawyer in the DC metropolitan area since December 2004
Peer and client ratingsMartindale-Hubbell Client Champion, awarded on at least ten client reviews averaging 4.5 or higher
Co-founderDavid L. Hilton, a Virginia Trial Lawyers Association member for 57 years, died on 14 November 2012. His bio page is still the second entry under Attorneys.
Fees and consultation
StructureAll cases on contingency, stated as no attorney fees unless they obtain compensation for you
ConsultationFree case evaluation, phone answered 24 hours on weekdays
What clients say
✓ Honest early assessment
✓ Would not push a quick settlement
· Staff named, not the partner
· Reviews are vehicle cases
✓ 88 reviews, deepest base of the three
The most useful thing in these reviews is what clients say they were told at the start. One describes an honest assessment on a tractor trailer case before anything was signed, another says the firm was willing to fight rather than push for the quickest settlement. Reviewers thank Rob, Sam and Robin by first name. As with the other two, the visible reviews are vehicle cases, so none of this is direct evidence on falls.
Synthesized from publicly visible snippets: Google
Why they fit Fairfax: The right call for a fall on the job or one that straddles the state line, since Somer’s licences cover Virginia, Maryland, DC and Georgia and the same firm can run the comp claim and the premises claim together. It also carries the deepest review base here at 88. Two things worth knowing before you call. The Attorneys page lists two lawyers and one of them died in 2012, so the associates reviewers thank by first name have no published bio or licence record you can check, and the phone number on the Google listing is not the number on the website. Ask who is actually assigned to your file and get their direct line.
What to check before hiring a Slip And Fall Lawyer in Fairfax
✓ Photograph the hazard before anyone cleans it up
Virginia lets a property owner defeat your claim by showing the danger was open and obvious. Photographs taken from standing height, showing what you could and could not see as you approached, are the evidence that answers that argument. Get the lighting, the floor colour, any sign, and where the display or corner blocked your view. An hour later the spill is mopped and the case is a lot harder.
✓ Report it in writing and ask for the incident report number
Commercial properties in Fairfax County fill out an incident report. Ask for the number and the name of the manager who took it. Do not give a recorded statement to the owner’s insurer. In a contributory negligence state, one sentence about being in a hurry or looking at your phone can end the claim, and adjusters know that.
✓ Work out who owned the ground, and whether it was the county
A fall on a public sidewalk, at a county building or on school property is not the same claim as one in a shop. Claims against a Virginia county, city or town are barred unless written notice reaches the local attorney or the chief executive within six months, and the courts treat that requirement as mandatory and strictly construed. Two years is your deadline for suit; six months is the one that catches people out.
✓ Get both fee percentages and the cost policy in writing
Virginia does not cap contingency fees, and the rules require the agreement to be in writing and to state how the fee is worked out. Ask for the rate if the case settles before suit, the rate once a suit is filed, whether it rises again at trial, and whether the percentage comes off the gross settlement or after costs. None of the three firms here publishes its numbers.
✓ Ask each firm how many falls it has actually tried
Every injury firm in Northern Virginia lists slip and fall. Far fewer have taken a contested premises case to a Fairfax County jury, which is what the other side is counting on. Ask for the number, ask which attorney did it, and ask what they think a defence lawyer will say about your case. A firm that answers that question straight is telling you something useful.
✓ Check whether the claim is small enough to run yourself
Fairfax County General District Court hears injury claims up to $50,000, with a $52 filing fee, $12 per defendant for service, no jury and a docket measured in weeks rather than years. On a clear liability fall with modest bills, a third of the recovery may cost more than representation adds. If money is the obstacle, form CC-1414 asks the judge to waive the fee.
Slip And Fall Lawyers in Fairfax: frequently asked questions
Can I still claim if I was partly to blame for my fall in Virginia?
Usually not. Virginia is one of five US jurisdictions that still applies pure contributory negligence, so being even slightly at fault bars recovery completely. In a 1962 case a shopper who slipped in a pool of blue liquid starch on a white floor recovered nothing, because the court held a person paying ordinary attention to their own safety would have seen it. Narrow exceptions exist, including where the owner had the last clear chance to prevent the injury, or acted with willful and wanton disregard rather than ordinary carelessness.
What does open and obvious mean, and does looking at a store display help me?
If the hazard was visible to someone taking reasonable care, the owner generally owes no warning and you are treated as at fault for not seeing it. Distraction can be an answer, but Virginia courts require more than saying you were distracted. The distraction has to have been unexpected and substantial, so a display designed to catch your eye is not automatically enough. This is the single point most Fairfax fall cases are argued on.
How long do I have to file a slip and fall claim in Fairfax?
Two years from the date of the fall for most Virginia injury claims. If the fall was on property owned by Fairfax County, the City of Fairfax or any other locality, a much shorter clock also runs: written notice of the claim has to reach the local attorney or chief executive within six months, and that requirement is mandatory and strictly construed. Claims against the Commonwealth itself run on a one year notice period.
What does a Fairfax slip and fall lawyer cost?
Nothing upfront. Virginia injury lawyers work on contingency and the state does not cap the percentage. The common structure is a third of the recovery if the case settles before a suit is filed and around 40 percent afterwards, with case costs deducted separately. None of the three firms on this page publishes its rate, so ask for both figures and the cost policy in writing before you sign anything.
Which court would my case go to?
It depends on the number. Fairfax County General District Court hears injury claims up to $50,000. There is no jury, the filing fee is $52 plus $12 to serve each defendant, and cases are heard far sooner than in Circuit Court. Above $50,000 the case goes to Fairfax County Circuit Court on Chain Bridge Road, where a jury decides and a contested premises case can take a year or more to reach trial.
I slipped at work. Is that a slip and fall case or a workers compensation claim?
Possibly both, and they are separate. Workers compensation covers your medical treatment and part of your wages regardless of fault, which matters a great deal in a contributory negligence state. If someone other than your employer owned or maintained the premises, a cleaning contractor or a landlord, for example, a separate claim against them may also exist. Raise both at the first call, because the two have different deadlines and different fee rules.
Nobody will take my case. What now?
Injury firms work on contingency, so a refusal is usually about the odds under Virginia’s fault rule rather than about your ability to pay, and legal aid in Northern Virginia does not handle injury cases for that reason. Two routes remain. The Fairfax Bar Association lawyer referral service charges $40 for a half hour with a screened attorney. Or file in General District Court yourself, where the claim limit is $50,000 and the filing fee can be waived on form CC-1414.
DJA Editorial
Legal Directory Research
Compiles Distinguished Justice Advocates city guides from state bar records, court and statute sources read directly, and publicly visible client reviews. Firms appear as a shortlist rather than a ranking, and placement is not a score DJA calculated. Figures a firm publishes about itself are labelled as the firm’s own, and anything that could not be verified is flagged on the page rather than estimated.